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Chicago, Aurora and Elgin Railroad and the Chicago, Westchester and Western Railroad
This is the text of the agreement between the Chicago Rapid Transit Company and the Chicago Aurora and Elgin Railroad company creating the Chicago, Westchester and Western Railroad (the company that established the Westchester branch). While much of it is legalese, it is clear in this document it was planned to extend the line west and south to Warrenville where it would connect back to the CAE line. A strip of land continued west of Mannheim and paralleling and north of 22nd Street was acquired for this line and its right-of-way. A letter from Jeanne (Field) Dornfeld states the land was sold after World War II for taxes.
This document was obtained by Jeanne (Field) Dornfield in 1985 from Eric Bronsky, Editor of "First and Fastest", a publication of the Shore Line Interubran Historical Society, PO Box 346, Chicago, Illinois). This information was passed on to Tim Burke and has recently been forwarded to this site. We wish to thank Jeanne (Field) Dornfield, Tim Burke and Eric Bronsky for their efforts to preserve our heritage.
CHICAGO RAPID TRANSIT COMPANY
CHICAGO AURORA AND ELGIN RAILROAD COMPANY
OPERATION OVER WESTCHESTER LINE
DATED JULY 31, 1925
This Agreement made and entered into on this 31st day of July, A. D. 1925 by and between the CHICAGO RAPID TRANSIT COMPANY, a corporation organized under the railroad laws of the State of Illinois, party of the fist part (hereinafter for sake of brevity calls "Transit Company"), and the CHICAGO, AURORA & ELGIN RAILROAD COMPANY (successor to the Aurora, Elgin & Chicago Railway Company), a corporation likewise organized under the railroad law of the State of Illinois, party of the second part (hereinafter for sake of brevity called the "Elgin Company"),
WHEREAS, the Transit Company now owns and operates (among other lines of railway) a line of elevated railway in the City of Chicago, Cook County, Illinois, with incline to the surface at Laramie Avenue (formerly called 52nd Avenue) in said city, commonly called the Garfield Park Line, and extending from the East line of Laramie Avenue to or near the elevated structure known as the union loop in Chicago, Illinois, with connecting branches at Marshfield Avenue in said city, and has a terminal station at Wells Street (formerly call Fifth Avenue) in the City of Chicago and an extension of its line of railway into said terminal station; and,
WHEREAS, the Elgin Company now owns and operates lines of railway using electricity as motive power extending from Spring Street on Broadway in the City of Aurora, Kane County, Illinois, through Eola Junction (now call Batavia Junction aforesaid to Wilson Street in the City of Batavia, and from a junction at Wheaton, Illinois, to a point near the north end of Riverside Avenue in Elgin, Illinois, and from Geneva Junction on said last mentioned line, to Geneva, Illinois; and
WHEREAS, the Elgin Company contemporaneously with the execution and delivery of the within agreement is executing and delivering a lease and operating agreement between the Elgin Company and Chicago, Westchester and Western Railroad, which railroad is organized under the railroad laws of Illinois to construct and operate a line of railroad from the main line of the Elgin Company at or near Bellwood Avenue in the Village of Bellwood, Illinois, southerly and westerly connecting again with said line of the Elgin Company at or near Warrenville, Illinois; and,
WHEREAS, under date of March 8, 1905, the Metropolitan West Side Elevated Railway Company entered into a contract with The Aurora, Elgin & Chicago Railway Company for the joint use by said railroad companies of the tracks of said The Metropolitan West Side Elevated Railway Company over and along the so-called Garfield Park line from the east line of said Laramie Avenue to and into said terminal station at Wells Street (in said contract of March 8, 1905 called "Fifth Avenue") and for the joint use of the tracks of said The Aurora, Elgin & Chicago Railway Company from said Laramie Avenue in the City of Chicago westerly as described in said contract of March 8, 1905; and
WHEREAS, the Chicago Rapid Transit Company is the successor to and has succeeded to all the rights and obligations of said The Metropolitan West Side Elevated Railway Company, and the Chicago, Aurora & Elgin Railroad Company is the successor to and has succeeded to all the rights and obligations of said The Aurora, Elgin & Chicago Railway Company under said contract of March 8, 1905 and
WHEREAS, under date of December 31, 1924 the Transit Company and the Elgin Company entered into, executed and delivered an agreement supplementing, amending and modifying said agreement of March 8, 1905; and
WHEREAS, the Transit Company and the Elgin Company now believe it to be to their mutual interest and benefit and desire to enter into at this time a contract for further joint operation between the parties and extending the operation by the Transit Company of its trains and cars westerly from the most westerly point provided for in said agreement of March 8, 1905 and said agreement of December 31, 1924, to a point on the right of way of the Elgin Company at or near Bellwood, Illinois, as is hereinafter more fully described, and also over the line of railroad of Chicago, Westchester and Western Railroad in the manner also hereinafter more fully described; and
WHEREAS, the parties hereto in the within agreement desire to provide for additional operating and other rights and obligations in conjunction with the rights and obligations provided for in said contracts and agreements of March 8, 1905 and December 31, 1924, and do not intend herein to abrogate or alter the terms and conditions of said contracts save as herein specifically provided for, and to that end make reference to said contracts of March 8, 1905 and December 31, 1924 as necessary parts of the within agreement :
NOW, THEREFORE, in consideration of the premises and of the sum of One Dollar ($1) each to the other in hand paid, the receipt whereof is hereby acknowledged, and in consideration of the mutual covenants and agreements herein made and entered into, the parties hereto do mutually covenant and agree as follows, that is to say :
First. The Elgin Company hereby grants the further and extended use to the Transit Company, in common with the Elgin Company, of that portion of its right-of-way, railway tracks, stations, structures and operating apparatus and appliances, including necessary power, (all subject, however, to municipal grants which said Elgin Company now has or hereafter may obtain) extending from Des Plaines Avenue or the Des Plaines River (as described in said contracts of March 8, 1905 and December 31, 1924), to or near the crossing or junction of the main line of the Elgin Company at Bellwood Avenue in the Village of Bellwood, Illinois, and from such last mentioned point over the tracks and right of way of said Chicago Westchester and Western Railroad (when constructed) to West Twelfth Street (also called Roosevelt Road) at a point between Mannheim Road and Pushek Road in Cook County, Illinois, or over and across said Roosevelt Road to a point approximately eight hundred feet south of said West Twelfth Street to be agreed upon by the parties hereto, all for the transportation of passenger and mail only, upon the following terms and conditions :
(a) The Transit Company shall run, operate and maintain the local car service between said Des Plaines Avenue or Des Plaines River and said Bellwood Avenue and on said line of railroad of said Chicago Westchester and Western Railroad as hereinbefore described, and shall from time to time erect any additional shelters, platforms, stations and other accommodations for passengers of the Transit Company in such operation in such manner as public convenience and safety may reasonably require, and shall maintain all shelters, platforms, stations accommodations for passengers and shall heat and light such shelters and stations and light such platforms, also all in such manner as public convenience and safety may reasonably require, and in the operation and maintaining of such local car service shall assume and perform all obligations which might be required by law, municipal ordinances or governmental authority having jurisdiction in the premises, of the Elgin Company in the operation and maintenance of such local car service and which may be likewise required of the Transit Company.
(b) The Elgin Company shall not perform (while said Transit Company shall give the local service above provided for) any local passenger service in said district from said Des Plaines Avenue or the Des Plaines River west to Bellwood, and shall not voluntarily on its eastbound trains take or accept passengers from any points in said district, nor on its westbound trains shall it voluntarily discharge passengers at any point in said district. It is understood and agreed that the Elgin Company may stop its trains at stations east of said Bellwood for the purpose of delivering passengers originating west of Bellwood and for the purpose of picking up westbound passengers traveling beyond Bellwood.
(c) The Elgin Company makes no guarantee of the completion and construction of the said line of railroad of Chicago Westchester and Western Railroad in connection with the right of operations herein given to the Transit Company by it over said last mentioned railroad, and the Elgin Company only grants and gives to the Transit Company such rights upon the property of the said Chicago Westchester and Western Railroad as it receives under its said lease and operating agreement from that railroad.
(d) The cars and trains of the Elgin Company while on said right-of-way between said junction at Bellwood Avenue and its mainline and said Des Plaines Avenue or the Des Plaines River shall be entitled to the use of express tracks whenever available and shall be entitled to such priority in schedule or service over the trains of the Transit Company as is usually accorded express trains over local trains. Where passing tracks are or may be available, the Elgin Company may use them.
Second. In addition to the other obligations assumed and to be carried out by the Transit Company under the provisions of any other paragraph hereof or under any of the provisions of said contracts of March 8, 1905, and December 31, 1924, remaining in effect after the execution and delivery of the within agreement, the Transit Company, as compensation for the undertakings of the Elgin Company in this agreement specified and for the rights and privileges herein provided for the Transit Company, shall make payments as hereinafter in this paragraph provided, viz:
(a) From and after the date of the commencement of operation under the terms of this agreement as hereinafter defined and for the remainder of the term of the within agreement or until the same shall be modified as is hereinafter provided for, the Transit Company shall pay to the Elgin Company the sum of fifteen cents (15c) per car mile for every car mile made or run by the Transit Company upon that part of the railway of the Elgin Company lying between said Des Plaines Avenue and said junction at Bellwood Avenue on the main line of the Elgin Company, together with the car miles made or run by the Transit Company on the property of the said Chicago Westchester and Western Railroad, as aforesaid; in addition to said sum of fifteen cents (15c) per car mile, the Transit Company shall pay to the Elgin Company the sum of Twelve Hundred and Fifty Dollars per month, all of such payment to begin with the starting of operation under this agreement, and such payments to continue unless and until modified in the manner hereinafter provided for. Commencement of operation under the within agreement shall be determined as of the date when the Elgin Company tenders to the Transit Company the right and facilities herein provided for to begin to run, operate and maintain the service provided for in the proceeding paragraph "First" of this agreement.
(b) The Elgin Company will, except as in this agreement otherwise
provided, keep and maintain all the tracks and other appurtenances and
appliances, including crossing gates, signals and distribution lines used
jointly by the Transit Company and the Elgin Company at all times in good order,
operating condition and repair.
It is specifically agreed between the parties that in the matter of the interlocking tower which will be constructed, installed and maintained at said junction of the main line of the Elgin Company with said Bellwood Avenue, that the cost of operation and maintenance of such interlocking tower shall be borne and paid by the Elgin Company.
(c) The Elgin Company will furnish to the Transit Company all the
electric power necessary to heat, light and operate the cars and trains of the
Transit Company while upon the tracks of the Elgin Company and the said Chicago
Westchester and Western Railroad as aforesaid; provided that if at any time by
accident, breakdown, emergency or other circumstances the facilities of the
Elgin Company for supplying such electric power shall be temporarily restricted
and in consequence thereof the Elgin Company cannot furnish such power to meet
the needs of the Transit Company and the Elgin Company, then the Elgin Company
and the Transit Company shall each have a fair and just pro rata share of all
the available power; and provided, further, the Elgin Company shall not be held
responsible to the Transit Company for temporary interruptions in the delivery
of power due to failures at the source or in transmission.
It is understood and agreed that the Elgin Company shall not be obligated to furnish heat, light and power to the cars and trains of the Transit Company while laid up on said tracks in yards or in shops, whether on the main line of the Elgin Company or on the line of said Chicago Westchester and Western Railroad.
(d) In addition to the compensation hereinbefore specifically provided to be paid by the Transit Company to the Elgin Company, the said Transit Company shall pay all train service expenses, stations expenses and car repairs incident to the operation of its trains beyond Des Plaines Avenue or the Des Plaines River and on the lines of the Elgin Company and/or the Chicago Westchester and Western Railroad, disbursements on account of accidents chargeable to the Transit Company occurring between and the operating terminus west hereinbefore described, the cost of constructing sidings, turn-outs, etc., necessary in connection with the operation of local service between said Des Plaines Avenue or the Des Plaines River and said terminus west, and also the cost of all stations or other appliances constructed by the Transit Company between said Des Plaines Avenue or the Des Plaines River and said terminus west as aforedescribed, all of which stations and appliances heretofore or hereafter constructed shall be and become the property of the Elgin Company or the Westchester Company depending upon the line on which of last said mentioned railroads said stations and appliances may be or become located and placed.
(e) On or before the 10th day of each calendar month during the continuance of this agreement the Transit Company shall render to the Elgin Company a statement showing: (1) the car miles operated for the preceding calendar month by the cars of the Transit Company on the said tracks of the Elgin Company between said Des Plaines Avenue and said junction at Bellwood and (2) on the tracks of the Chicago Westchester and Western Railroad hereinbefore described, and with the same time the Elgin Company shall render a statement to the Transit Company for any other charges or payments which may be accrued during the preceding month under the provisions of the within agreement; and on or before the 20th day of the calendar month in which such statements and bills are rendered or due the Transit Company shall pay to the Elgin Company the amount shown to be due by such statement. Unless within a period of two years from and after the acceptance by the Elgin Company of any such payment the Elgin Company shall in writing question the correctness of the amount of the payment or of the statement upon which such payment was made, the correctness of such amount and statement shall after the expiration of such period be conclusively presumed. Each party shall have access at all reasonable to the books of account, records and papers of the other party bearing thereon for the purpose of ascertaining the correctness of any statement rendered or for determining any amount due or payable hereunder.
(f) It is further hereby agreed that in case the Transit Company shall fail for the space of thirty days after the 20th of any month to pay the amounts herein stipulated by it to be paid or to be paid under any of the provisions of this agreement, then and in any such event the Elgin Company may at its election exclude the cars of trains of the Transit Company from the said lines of railway of the Elgin Company and the Chicago Westchester and Western Railroad until payments of said sum so due shall be made, and in case such failure to make such payments shall continue for a period of sixty days after the same shall have become due and payable as herein provided, then the Elgin Company may at its election terminate this agreement so far as it relates to the operation of the cars of the Transit Company over the lines of the railway of the Elgin Company west of said Des Plaines Avenue or the Des Plaines River and over the Chicago Westchester and Western Railroad as herein provided. The right is reserved, however, to the Transit Company to make payments of contested amounts under protest. This provision for the right to exclude cars for nonpayment shall not, however, affect any legal remedy which the Elgin Company night have for collection of amounts due, but shall be and is considered by the parties hereto as cumulative to any such legal remedies.
(g) It is expressly agreed between the parties that in the event the Elgin Company may elect to terminate this agreement in the manner immediately hereinabove provided for, such election shall not serve to deprive the Elgin Company of its right or impair its rights to operate over the tracks of the Transit Company from Laramie Avenue east as is provided in said contract of March 8, 1905, and said contract of December 31, 1924.
Third. It is realized by the parties hereto that operation herein provided for may at some later date require modification due to changed conditions, development of the territory and/or experience in the operation, with change of plan and method, and for that reason it is the desire of the parties in so far as possible to provide for such contingency in the within agreement. It is therefore further agreed by and between the parties as follows: Whenever either of the parties hereto shall be of the opinion that the rights and obligations of the parties are not in the within agreement and/or the service herein required to be performed by the parties respectively could better, more economically and more fairly be performed by the parties in a different manner and upon a different basis, then and in any such case the party having such opinion shall in writing present its proposed plan for such modification of the within agreement as it believes the situation requires, and shall deliver a copy of such proposed plan to the President or Vice President of the other company, accompanied by a request also in writing that such proposed plan be put into force and effect. Any such proposed plan so submitted shall provide in detail for the character of the changed operations and fix the respective plan, including the rights and obligations of the parties in the matter of compensation and sharing or division of expenses and other costs and charges. If the party to which such plan is submitted refuses to accept the same and within a reasonable time, not longer than sixty day after the submission of such plan, the parties are unable to agree upon a new plan and a modification of the within agreement covering such new plan, then the said question shall be submitted to arbitration under the arbitration clause of this contract. In such arbitration the arbitrators shall determine :
(a) Whether any modification of the original plan of the within agreement is desirable or necessary;
(b) If in the opinion of the arbitrators such modification be desirable or necessary, they shall designate specifically the modified plan;
(c) Determine in detail the respective rights and obligations of the parties under the within contract as modified and prepare the draft or drafts of contract or contracts, instrument or instruments, in their opinion and judgment just equitable and necessary in the premises;
(d) In carrying out the provisions of subparagraphs (b) and (c) (immediately above), determine the respective rights and obligations of the parties in the matter of the payment and sharing of operating and other costs, charges and expenses, including the question of compensation to be paid to the Elgin Company for the use of its property. The compensation to be paid the Elgin Company shall be ascertained on the principle controlling compensation in condemnation proceedings. Outside of questions involving grade separation, any decision of arbitrators made here under shall preclude any change or modification as provided for in this paragraph of this agreement, for the period of one year from the date of any such determination.
(e) It is specifically understood and agreed by and between the parties, anything this agreement contained to the contrary not withstanding, that whenever during the life of this contract and agreement, which in negotiations between the parties and in the submission of disputed questions to arbitration, the question of the rights and obligations of the parties by reason of the necessity of changing the grade or providing for the elimination of highway and/or railway grade crossings, and commonly and herein called "grade separation," is involved, then and in any such case the rights and obligations of the parties in the matter of providing the capital money necessary for such "grade separation" shall be as they are fixed, assessed and apportioned in and by the terms of the said contract of December 31, 1924; it being the intention of the parties that whenever and wherever under the agreement it shall become incumbent upon the parties to provide for "grade separation" upon any part of the railroad property covered by the within agreement that the provisions of said contact of December 31, 1924, as to providing the capital money necessary for such grade separation shall apply and be binding upon the parties and the said arbitrators in each and every case, but it is agreed that all other questions outside of providing for capital shall be determined and settled by the parties or the arbitrators in accordance with the provisions of this agreement.
(f) The decision of the arbitrators shall in each and every case be subject to the approval of any governmental body or bodies whose approval may be required by law.
Fourth. If the Elgin Company shall construct any additional track or tracks on its right of way between said Des Plaines Avenue or the Des Plaines River and said Bellwood, the Elgin Company and the Transit Company shall each bear and pay one-half the cost thereof, and such track or tracks shall be subject to the joint use of said companies.
Fifth. It is now and hereby agreed between the parties hereto that all
crossing gates on the tracks and right of way of the said Elgin Company between
said Des Plaines Avenue or the Des Plaines River and said Bellwood and on the line
of said Chicago, Westchester and Western Railroad shall be under the management
and control of the Elgin Company, but in determining the liability of the
parties heretofore any accident occurring through any act or omission, negligent
or otherwise, of any employee operating or in charge of the operation of any
such crossing gate, such employee shall be deemed the joint employee of the
It is further understood and agreed by and between the parties hereto that the Transit Company shall have no right to operate its trains and cars over the tracks of the Elgin Company between said Des Plaines Avenue or Des Plaines River and said Bellwood and/or on the tracks of said Chicago, Westchester and Western Railroad during any period when the Elgin Company shall through no default of its own he deprived of the right to operate its cars and trains over the tracks of the Transit Company from Laramie Avenue to the Wells Street or Fifth Avenue Terminal in the manner and in accordance with the terms of said contracts of March 8, 1905, and December 31, 1924, applicable to such operations, and reciprocally the Elgin Company shall have no right to operate its cards and trains over the tracks of the Transit Company from Laramie Avenue to the Wells Street or Fifth Avenue Terminal above mentioned during any period when the Transit Company through no default of its own shall be deprived of the right to operate its trains over the tracks of the Elgin Company from Laramie Avenue to the Des Plaines River as is in said contracts provided.
Sixth. The terms of the within agreement shall endure during the period of the rights, grants and privileges given to The Metropolitan West Side Elevated Railway Company (predecessor of the Transit Company) and its predecessors by the City Council of the City of Chicago, Illinois, covering the right of said The Metropolitan Wet Side Elevated Railway Company and its predecessors to operate its railroad properties in the City of Chicago, Illinois, or any renewal or renewals, extension or extensions thereof.
Seventh. The Elgin Company Covenants and agrees that it will, at all times, indemnify the Transit Company against all loss, cost, damage or expense, which the Transit Company shall hereafter sustain, to its own property, or to other property, or to that in its custody, because of injuries to such property, or to its agents, employees, passengers or others, whether caused by the acts alone of the Elgin Company, it servants or employees, without default or neglect of the Transit Company, its servants or employees, or by the joint negligence of the parties hereto, where the negligence of the Elgin Company shall be gross in comparison with the negligence of the Transit Company; and the Transit Company, in like manner, covenants and agrees that it will, at all times, indemnify the Elgin Company against all loss, cost, damage or expense, which the Elgin Company shall hereafter sustain to its own property, or to other property, or to that in its custody, because of injuries to such property, or to its agents, employees, passengers or others, caused by the acts alone of the Transit Company, it servants or employees, without default or neglect of the Elgin Company, its servants or employees, or by the joint negligence of the parties hereto, where the negligence of the Transit Company shall be gross in comparison with the negligence of the Elgin Company. In case any claims are made or suits brought against either party for any loss, cost, damage, or expense, assign as aforesaid, then the other party shall have the right to appear in such suit or suites and resist the same, unless indemnified or release from such loss, cost, damage or expense by the party against which the claim is made or suit brought, and such appearance in such suit or resistance of such claim, by either of the parties hereto, shall in no way or manner affect the rights of the parties hereto as between themselves, but such rights shall be determined by the provisions of this agreement. Wherever the words "Elgin Company" appear in this paragraph Seventh the term shall include not only the Elgin Company, but any other company or companies thereto authorized or permitted by the Elgin Company for the transportation of passengers over and upon any part or parts of the lines of railway of the Transit Company, and wherever the term "Transit Company" appears in this paragraph Seventh said term shall also include any other company or companies thereto authorized or permitted by the Transit Company for the transportation of passengers over and upon any part of the lines of railway of the Elgin Company.
Eighth. That if, at any time, a difference of opinion shall arise between the parties hereto in regard to their respective rights and duties under this agreement, the question in dispute, whether specifically heretofore provided to be submitted to arbitration or not, shall be referred to a board of arbitrators, consisting of three competent, disinterested parties, skill in railroad operations, one to be chose by each of the parties hereto and the two so chosen to choose the third. The party desiring such arbitration shall give written notice of the same to the other party, setting forth definitely therein the point in dispute and naming the person selected by such party to act as arbitrator. If the party on whom such notice is served shall, for ten days thereafter, neglect to name by notice to the other party a person to act as its arbitrator, then the party giving such notice shall name the second arbitrator, and the two, thus chosen, shall choose the third; provided, however, if the two arbitrators, thus chosen, shall be unable to agree upon a third arbitrator, then such arbitrator shall be named and selected by one of the judges of the United States District Court sitting in the District in which the City of Chicago, Illinois, is located, and application may be made upon two days’ notice in writing to the parties hereto by either or both of such arbitrators to any such judge for such purpose. The board of arbitrators, so chosen, shall immediately proceed to hear and determine all matters submitted to them, after giving to each party hereto not less than five days’ notice of the time and place of meeting; and, at the time and place appointed, they shall proceed summarily to hear and dispose of the matters in dispute, unless, in their judgment, the hearing should be adjourned to a later day or days, of which adjournment like notice shall be giving, unless such notice is waived by both parties, in which case the hearing may proceed at an earlier date. The determination of such board of arbitrators, or a majority of them, as to any matter so submitted to them, shall be final and conclusive upon the parties hereto, and said parties shall abide by such decision and perform the conditions thereof as if the same were made a part of this agreement. But it is expressly agreed that no controversy, which shall arise, shall interfere with or suspend the operation of the railways of either of the parties hereto over the lines of the other; and the question or questions submitted to the arbitrators and all business and settlements and payments, which are to be transacted or made in the manner and form existing prior to the arising of such question or questions, as if no controversy had arisen. All expenses connected with any such arbitration, including a reasonable compensation to the arbitrators, shall be subject to the result of such arbitration and shall be borne and shared by the parties hereto in such manner, or in such proportion, as the arbitrators shall award.
All notices, which are hereinabove, in this paragraph, provided to be given to either party by the other, may be given by serving the same in writing, by registered mail, on the President or General Manager, for the time being, of such party.
Ninth. It is further mutually covenanted and agreed by and between the parties hereto that either party my intervene and use the name of the other party and assist in prosecuting or defending, or prosecute or defend, in any action or proceeding which might or could have the effect of preventing the carrying out of this contract or the performance of any of its terms and conditions. It being expressly understood, however, that neither party shall have the right to interfere in any suit or proceeding instituted against the other party which shall relate to the rate of fare to be charged by said party or the issuance of transfers.
Tenth. All train crews and employees of the Transit Company, engaged in the operation of the cards of the Transit Company over the tracks of the Elgin Company, or engaged in or about the stations aforesaid of the Elgin Company, shall be subject to the orders, rules and regulations of the Elgin Company; and, while on the tracks of the Elgin Company, all cars and trains of the Transit Company are to be dispatched and operated under the supervision and orders of the Elgin Company, without partiality between the Companies using the tracks of the Elgin Company, except in respect to the priority and preference of the Elgin Company’s cars and trains, as specified in this agreement.
The Elgin Company shall have the right and privilege of requiring the discharge of any employee of the Transit Company engaged in or about the tracks or stations aforesaid of the Elgin Company, if, for any sufficient reason, the Elgin Company, or its officers, shall be of the opinion that nay such employee has violated any of the orders, rules or regulations of the Elgin Company; and the Transit Company hereby agrees to promptly discharge any such employee upon the request of the Elgin.
Eleventh. All the terms and conditions hereof shall extend to, and be binding upon, the respective lessees, grantees, successors and assigns of the parties hereto, and shall run with the property of each of them, respectively, and bind any person or corporations owning or operating either of the railroads which are subject to this contract.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by the proper officers, thereunto duly authorized, and their corporate seals to be hereto affixed, and duly attested, the day and year first written.
CHICAGO RAPID TRANSIT COMPANY
By Britton J. Budd,
F. M. O’Donnell,
CHICAGO, AURORA AND ELGIN RAILROAD COMPANY
By Thomas Conway, Jr.,
R. E. Pfahler,
Last Updated 06/01/2001